This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the remarriage of the plaintiff former spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Alimony Spouse Support With Child In Massachusetts
Category:
State:
Multi-State
Control #:
US-00002BG-I
Format:
Word;
PDF;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
A parent, not a stepparent, has the primary duty to support his or her child. However, either parent's remarriage may still affect child support obligations. A new spouse's income and assets are relevant to a parent's ability to provide support.
40% of the high earner's net monthly income minus 50% of the low earner's net monthly income. For instance, if Spouse A earns $5,000 per month and Spouse B earns $2,500 per month, temporary spousal support might be calculated as follows: 40% of $5,000 = $2,000. 50% of $2,500 = $1,250.
Child support is never deductible and isn't considered income. Additionally, if a divorce or separation instrument provides for alimony and child support, and the payer spouse pays less than the total required, the payments apply to child support first. Only the remaining amount is considered alimony.
Between 10 and 15 years: general term alimony can last for no longer than 70% of the number of months of the marriage. Between 15 and 20 years: general term alimony can last for no longer than 80% of the number of months of the marriage. Longer than 20 years: general term alimony can last indefinitely.
The formula is simple: Divide the Wife's annual amount by the interest rate: $100,000 divided by . 10 = $1 million. The formula is known as the present value of a perpetuity because it continues in perpetuity.
After a divorce, it's common for one spouse to make payments to the other as part of the divorce agreement. These payments can be alimony, child support or a mix of both.
If your original divorce didn't award alimony, and didn't mention alimony in any way, you can file a complaint for alimony for the first time at any time after your divorce. To request alimony, you'll need to file: Complaint for Alimony. This is a form you write yourself, not a form you get from the court.
Estimate Alimony Payments. Common methods for calculating spousal support typically take up to 40% of the paying spouse's net income, which is calculated after child support. 50% of the recipient spouse's net income is then subtracted from the total if they are working.
To qualify for alimony support, the receiving spouse must prove financial hardship and make a case for monetary assistance, whether temporary or long-term.
More info
"Alimony" is money a judge orders one spouse to pay the other when a couple gets divorced. The money is to support the spouse who gets it.The amount of alimony should generally be no more than the receiving spouse needs or 30–35 percent of the difference between the parties' gross incomes. Yes, alimony can begin when child support ends. Child support is a payment from one parent to the other while the child is unemancipated. 'Cavanagh' makes clear concurrent alimony and child support orders are allowed and implements an analysis Massachusetts judges must follow. The Massachusetts Supreme Judicial Court reworked alimony and child support with little regard for common practices in the Probate Court. Serve the papers. 2. The court determines whether the party paying child support can also pay spousal support. In Massachusetts, alimony is generally not paid in addition to child support.